Tuesday, June 28, 2011

DMCA Takedown

Today we had to send out a DMCA Takedown Notice to a site that has stolen from me and my consulting firm twice in the past. Now we're in for round 3. We aren't sure what kind of nonsense game these charlatans are playing, but this time we decided an immediate takedown at the ISP level was required.

It is impossible to tell how much damage The Management Group have caused their unwitting customers. Even more pathetically, they appear to sell their lies to the US Government. I wonder if there are laws against that.

By openly stealing my content and making false claims about the origin of my published work, these guys do a disservice to all in the Information Security industry, and especially to their customers and partner organizations.

---- letter body follows ----

I am the sole copyright owner of the text content and IP rights being infringed at:

http://www.mgt-gp.com/articles/view/information-security-servicecapabilities
https://www.gsaadvantage.gov/ref_text/GS35F0658N/GS35F0658N_online.htm

The owner of these sites has been asked to remove this content twice in the past. After first claiming that he indeed is the writer of the Offensive Operations Model (A claim falsely repeated throughout the above named websites), the owner said he would remove the content and the fraudulent claims that he is the developer of the model. The Offensive Operations Model is a model I wrote in 1998 and was published by the IEEE in 2004, and is available online from many sites who do properly credit me as the author and developer. The owner of these above referenced sites has no right to abuse my copyrights in this manner. The entirety of text content on these pages was written by myself years before they appeared on these websites. After several phone calls from myself to the owner of these pages, the text disappeared only for a short time, and has at some point resurfaced with nothing more than a cosmetic makeover. This is now my THIRD time approaching these people about the offending content. I am willing to provide absolute proof via the WAYBACK MACHINE on archive.org which demonstrates clearly that the entirety of the text content of these pages was written by myself years before they began appearing on these 2 sites in question. Comparing this way shows the exact month and year that this person began stealing my work. The Offensive Operations Model that this person claims he wrote, is available from the IEEE website, and of course is listed with my name as the author.

Here is a link to an article I wrote about this thievery back in 2006. You will notice the mgt-gp site is specifically referenced. The link I proviced no longer works since the owner did change the URLs after I phoned him repeatedly. 

http://penetrationtestdotcom.blogspot.com/2006_10_01_archive.html

Please note: At the time I initially caught this person stealing my content, there were 7 other sites infringing my content in the same manner. All sites removed the content without question, save for the owner of these two sites listed above. He is not only cheating me by claiming copyright to the Offensive Operations Model. He also cheats his customers since in our phone conversation in 2006 it was clear he didn't even know really what the Offensive Operations Model was.

This letter is official notification under the provisions of Section 512(c) of the Digital Millennium Copyright Act (“DMCA”) to effect removal of the above-reported infringements. I request that you immediately issue a cancellation message as specified in RFC 1036 for the specified postings and prevent the infringer, who is identified by its Web address, from posting the infringing text and references to the Offensive Operations Model to your servers in the future. Please be advised that law requires you, as a service provider, to “expeditiously remove or disable access to” the infringing content upon receiving this notice. Noncompliance may result in a loss of immunity for liability under the DMCA.

I have a good faith belief that use of the material in the manner complained of here is not authorized by me, the copyright holder, or the law. The information provided here is accurate to the best of my knowledge. I swear under penalty of perjury that I am the copyright holder.

Please send me at the address noted below a prompt response indicating the actions you have taken to resolve this matter. If this DMCA Takedown Notice needs to be sent to any other parties, please let me know who they are.

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DMCA takedown template written by attorney Carolyn E. Wright.

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